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AMENDMENT_13_01121963
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PART21.txt
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PART21.txt
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PART XXI
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TEMPORARY AND TRANSITIONAL PROVISIONS
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TEMPORARY, TRANSITIONAL AND
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SPECIAL PROVISIONS
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369. Temporary power to Parliament to make laws with respect to
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certain matters in the State List as if they were matters in the Concurrent
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List.—Notwithstanding anything in this Constitution, Parliament shall, during
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@ -119,6 +120,134 @@ technical education and vocational training, and adequate opportunities
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for employment in services under the control of the State Government, in
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respect of all the said areas, subject to the requirements of the State as a
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whole.
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371A. Special provision with respect to the State of Nagaland.—(1)
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Notwithstanding anything in this Constitution,—
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(a) no Act of Parliament in respect of—
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(i) religious or social practices of the Nagas,
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(ii) Naga customary law and procedure,
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(iii) administration of civil and criminal justice involving
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decisions according to Naga customary law,
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(iv) ownership and transfer of land and its resources,
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shall apply to the State of Nagaland unless the Legislative Assembly of
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Nagaland by a resolution so decides;
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(b) the Governor of Nagaland shall have special responsibility with
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respect to law and order in the State of Nagaland for so long as in his
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opinion internal disturbances occurring in the Naga Hills-Tuensang Area
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immediately before the formation of that State continue therein or in any
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part thereof and in the discharge of his functions in relation thereto the
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Governor shall, after consulting the Council of Ministers, exercise his
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individual judgment as to the action to be taken:
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202
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THE CONSTITUTION OF INDIA
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Provided that if any question arises whether any matter is or is
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not a matter as respects which the Governor is under this sub-clause
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required to act in the exercise of his individual judgment, the decision of
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the Governor in his discretion shall be final, and the validity of
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anything done by the Governor shall not be called in question on the
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ground that he ought or ought not to have acted in the exercise of his
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individual judgment:
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Provided further that if the President on receipt of a report from
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the Governor or otherwise is satisfied that it is no longer necessary for
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the Governor to have special responsibility with respect to law and order
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in the State of Nagaland, he may by order direct that the Governor shall
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cease to have such responsibility with effect from such date as may be
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specified in the order;
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(c) in making his recommendation with respect to any demand for a
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grant, the Governor of Nagaland shall ensure that any money provided
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by the Government of India out of the Consolidated Fund of India for
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any specific service or purpose is included in the demand for a grant
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relating to that service or purpose and not in any other demand;
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(d) as from such date as the Governor of Nagaland may by public
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notification in this behalf specify, there shall be established a regional
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council for the Tuensang district consisting of thirty-five members and
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the Governor shall in his discretion make rules providing for—
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(i) the composition of the regional council and the manner in
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which the members of the regional council shall be chosen:
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Provided that the Deputy Commissioner of the Tuensang
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district shall be the Chairman ex officio of the regional council and
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the Vice-Chairman of the regional council shall be elected by the
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members thereof from amongst themselves;
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(ii) the qualifications for being chosen as, and for being,
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members of the regional council;
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(iii) the term of office of, and the salaries and allowances, if any,
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to be paid to members of, the regional council;
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(iv) the procedure and conduct of business of the regional council;
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203
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THE CONSTITUTION OF INDIA
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(v) the appointment of officers and staff of the regional council
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and their conditions of services; and
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(vi) any other matter in respect of which it is necessary to make
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rules for the constitution and proper functioning of the regional council.
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(2) Notwithstanding anything in this Constitution, for a period of ten
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years from the date of the formation of the State of Nagaland or for such furthe
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r
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period as the Governor may, on the recommendation of the regional council, by
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public notification specify in this behalf,—
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(a) the administration of the Tuensang district shall be carried on by
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the Governor;
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(b) where any money is provided by the Government of India to the
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Government of Nagaland to meet the requirements of the State of
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Nagaland as a whole, the Governor shall in his discretion arrange for an
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equitable allocation of that money between the Tuensang district and the
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rest of the State;
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(c) no Act of the Legislature of Nagaland shall apply to Tuensang
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district unless the Governor, on the recommendation of the regional
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council, by public notification so directs and the Governor in giving such
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direction with respect to any such Act may direct that the Act shall in its
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application to the Tuensang district or any part thereof have effect
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subject to such exceptions or modifications as the Governor may specify
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on the recommendation of the regional council:
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Provided that any direction given under this sub-clause may be
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given so as to have retrospective effect;
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(d) the Governor may make regulations for the peace, progress and good
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government of the Tuensang district and any regulations so made may repeal
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or amend with retrospective effect, if necessary, any Act of Parliament or any
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other law which is for the time being applicable to that district;
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(e) (i) one of the members representing the Tuensang district in the
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Legislative Assembly of Nagaland shall be appointed Minister for
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Tuensang affairs by the Governor on the advice of the Chief Minister
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and the Chief Minister in tendering his advice shall act on the
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recommendation of the majority of the members as aforesaid ;
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(ii) the Minister for Tuensang affairs shall deal with, and have
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direct access to the Governor on, all matters relating to the Tuensang
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district but he shall keep the Chief Minister informed about the same;
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204
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THE CONSTITUTION OF INDIA
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(f) notwithstanding anything in the foregoing provisions of this
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clause, the final decision on all matters relating to the Tuensang district
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shall be made by the Governor in his discretion;
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(g) in articles 54 and 55 and clause (4) of article 80, references to the
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elected members of the Legislative Assembly of a State or to each such
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member shall include references to the members or member of the
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Legislative Assembly of Nagaland elected by the regional council
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established under this article;
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(h) in article 170—
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(i) clause (1) shall, in relation to the Legislative Assembly of
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Nagaland, have effect as if for the word “sixty”, the word “fortysix” ha
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d been substituted;
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(ii) in the said clause, the reference to direct election from
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territorial constituencies in the State shall include election by the
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members of the regional council established under this article;
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(iii) in clauses (2) and (3), references to territorial
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constituencies shall mean references to territorial constituencies in
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the Kohima and Mokokchung districts.
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(3) If any difficulty arises in giving effect to any of the foregoing
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provisions of this article, the President may by order do anything (including
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any adaptation or modification of any other article) which appears to him to be
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necessary for the purpose of removing that difficulty:
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Provided that no such order shall be made after the expiration of three
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years from the date of the formation of the State of Nagaland.
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Explanation..—In this article, the Kohima, Mokokchung and Tuensang
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districts shall have the same meanings as in the State of Nagaland Act, 1962.
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205
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